New Judgment: R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2020] UKSC 39 – UKSC Blog

Posted October 20th, 2020 in animal cruelty, animals, appeals, birds, EC law, news, regulations, slaughter, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’

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UKSC Blog, 16th October 2020

Source: ukscblog.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Police report rise in Covid rule breaches in north of England – The Guardian

Posted October 13th, 2020 in coronavirus, news, penalties, police, regulations, statistics by sally

‘Reports of Covid-19 restrictions breaches have increased in parts of the north of England in the run-up to stricter local lockdowns being announced, with some councillors warning about “vexatious” false claims of neighbours breaking the rules.’

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The Guardian, 12th October 2020

Source: www.theguardian.com

G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent

Posted October 6th, 2020 in clubs, coronavirus, health & safety, judicial review, news, regulations by tracey

‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Half of coronavirus fines go unpaid in England and Wales – The Guardian

Posted October 1st, 2020 in coronavirus, enforcement, fines, magistrates, news, penalties, police, regulations by sally

‘Half the fines issued by police for breaches of coronavirus rules in England and Wales have not been paid and will be dealt with by the already beleaguered courts, it has been revealed.’

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The Guardian, 30th September 2020

Source: www.theguardian.com

Inquest into suicide of gambling addict will explore if UK state failed him – The Guardian

‘The parents of a gambling addict who killed himself have said government bodies “do not want to know what killed a perfectly happy and healthy 24-year-old” who was hooked on “products licensed by the state”.’

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The Guardian, 25th September 2020

Source: www.theguardian.com

NHS trust fined for lack of candour in first prosecution of its kind – The Guardian

Posted September 24th, 2020 in bereavement, hospitals, news, prosecutions, regulations by sally

‘A hospital trust has been fined for failing to be open and transparent with the bereaved family of a 91-year-old woman in the first prosecution of its kind.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com

The importance of the Economic Interest Test in the UK’s new Trade Remedies Regime – Brexit Law

Posted September 24th, 2020 in brexit, EC law, international trade, news, regulations by sally

‘The UK’s new trade remedies regime contained in the Taxation (Cross-border Trade) Act 2018 (“2018 Act”) has an economic interest test which is different from that of any other jurisdiction. Some jurisdictions, e.g. US and Australia, have chosen not to have one at all. The test is designed to ensure that only remedies that are in the UK’s economic interests taken as a whole will be adopted.’

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Brexit Law, 24th September 2020

Source: brexit.law

UK judge halts Home Office flight to remove asylum seekers – The Guardian

Posted September 17th, 2020 in aircraft, asylum, deportation, EC law, news, regulations by michael

‘A senior high court judge has halted a charter flight hours before up to 20 asylum seekers who crossed the Channel to the UK in small boats were due to be forcibly removed to Spain, a country they had previously passed through.’

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The Guardian, 16th September 2020

Source: www.theguardian.com

Government pledges post-Brexit qualifications recognition – Legal Futures

‘The UK government will put in place a temporary system to recognise the professional qualifications of EU lawyers post 1 January 2021 if no agreement is reached before Brexit, it has confirmed.’

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Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk

COVID-19 – Enforcing safety guidelines in pubs and other licensed premises – No. 5 Chambers

Posted August 27th, 2020 in coronavirus, health & safety, licensed premises, licensing, news, regulations by sally

‘On the 8th of August 2020, the Local Government Association (“LGA”) called for a new temporary public health or COVID-19 licensing objective to be inserted into the Licensing Act (“LA”) 2003.’

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No. 5 Chambers, 14th August 2020

Source: www.no5.com

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

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Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Local Authority Powers: Coronavirus Update ‘Part 2A’ Public Health Orders – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, health, local government, news, regulations by sally

‘As the UK emerges from lockdown, and as local spikes start to emerge, it is increasingly important that new cases of coronavirus are identified quickly and that anyone who may be infectious complies with guidelines on quarantine, self-isolation and contact tracing. This article considers the potential of Part 2A Public Health Orders as a tool for local authorities to enforce testing and quarantine requirements where infectious individuals refuse to comply voluntarily and pose a threat to public health.’

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4-5 Gray's Inn Square, 20th July 2020

Source: www.4-5.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

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UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org

Top GC defends in-house lawyers’ approach to ethics – Legal Futures

Posted July 15th, 2020 in coronavirus, legal aid, legal profession, legal services, news, regulations by tracey

‘A leading general counsel has attacked the assumption that in-house lawyers “leave their morals at the door” when they join their companies.’

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Legal Futures, 15th July 2020

Source: www.legalfutures.co.uk

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

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Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

Challenge to Lawfulness of “Lockdown” Regulations: Permission Refused – Coronavirus: Guidance for Lawyers and Businesses

Posted July 7th, 2020 in coronavirus, human rights, judicial review, news, regulations, ultra vires by sally

‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020

Source: lawinthetimeofcorona.wordpress.com

Religious services ban in England may have been illegal, judge rules – The Guardian

‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association

‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’

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UK Constitutional Law Association, 23rd June 2020

Source: ukconstitutionallaw.org